Watson & Polhemus v. Spence
New York Supreme Court
This was an action of ejectment, tried at. the Tompkins circuit in October, 1831, before the Hon..Robert. Monell, one of the circuit judges.
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This was an action of ejectment, tried at. the Tompkins circuit in October, 1831, before the Hon..Robert. Monell, one of the circuit judges. The plaintiffs made title to the premises in question: 1. By a conveyance from John Richardson to Polhemus, one of the plaintiffs, bearing date 16th April, 1796; and 2. By a sheriff’s deed to Watson, the other plaintiff, bearing date 14th April, 1801, in pursuance of a sale under an execution upon a judgment rendered in 1797, in favor of Watson against Richardson. On the part of the defendant, it was shown that Richardson purchased the premises in…
1Opinion of the Court
By the Court, Cowen, J.
Richardson, previous to the filing of Munro’s bill, had parted with all his interest in lot No. 14, of which the premises in question were a part. He had first in 1796, sold it to Polhemus, one of the plaintiffs, and in 1801, Watson, the other plaintiff, purchased it under a fi. fa. on his judgment of January term, 1797. After all this, Munro, the assignee of Bridgen’s mortgage, files his bill against Richardson alone, and obtains a decree of sale. It is perhaps the same thing whether we take as the basis of the foreclosure the bill filed by *262Munro in 1807, or Bridgen’s…
2Cases cited5 opinions
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